Does my partners ex have any claim on his house?

[Schlomo78]

Hey, just something that has been on my mind, my Partner has been thinking of selling his house and moving the 100 miles to live with me as we have a baby on the way and both our family is here. We were thinking of renting it but the income would not be worth the stress and hassle of it all. I wondered if anyone knows if he sells it does his ex girlfriend (the mother of his child) have claim to any money he makes from it- they were never married and he never lived with her or she with him in said house. I just wondered if she could benefit from it as she obviously is bringing up his child?

Any help on this matter would be gratefully received as we need to know where we stand on this before we sell and find out she can nab half of it!

Cheers :O)

[spacechimp]

I would say not.

[Hgrove]

Most likely not unless for ex. the Child Support Agency was chasing him for unpaid support for the child etc. etc. etc.

[gessoo]

I would err on the side of caution and seek some legal advice.

[Schlomo78]

Thanks for taking the time to reply. He has been paying her maintenence since the child was born, so theres no worries there thank God.

[Bohne]

If the house was in his name, she's got no claims...

To support them he's paying Child Support, I suppose.
That's his bit done!

[lisajane83]

No panic of course not i work in the legal field and specialise in family law. if she never lived in the house and they are not married she certainly has no property rights whatsoever.

good luck with baby and new area

xx

[Schlomo78]

Many thanks again to everyone who has replied so promptly, especially to lisajane83, it is a weight off our mind that we will not have to struggle through all that with her on top of everything else! ;O)

[nikita**]

If he sells it, where is mother and child going to live? He is the father of that child as well and he should not forget it. It is alright paying maintenance but the responsiblity is still there for his child and its welfare. That is if he really cares. She will have some claim from the house because she has had to care for the baby and the house . It was his descion to leave and the Courts recognise this.

[Schlomo78]

nikita ,did you read my question? He never lived with her or she with him in said house- she finished their relationship 6years when she was pregnant, she had and still does have her own house that she has always lived in. He pays her maintenence and sees his child regularly. The whole point of my question is I was not sure if she would be able to claim anything from the sale of the house as she is the mother of his child, obviously if she lived there and still did I would not be in a relationship with him.

[Schlomo78]

Also, just to add, he will not be moving away from his child as the mother has always lived 200 miles away ,so he will be moving closer to her.

[nikita**]

I dont understand - She move out when she was pregnant? Or he kicked her out when she was pregnant? Or did she buy a house when she was pregnant? DId he leave her when she was pregnant?

[Schlomo78]

Good lord, is this a wind up? NO, she already had her own house when she met him, they have never lived together. She became pregnant and she finished the relationship with him.

So, to clarify:-

• She has her own house


• She left him when she was pregnant


• They have never lived together, ever, ever, ever, ever.

P.S ever. ok?

[nikita**]

I dont understand why you are so worried then? The matter is resolved. You are getting a bit paranoid? She probably has'nt even thought about it. She has her own house and her own life. The only thing that connects her to you is the man and his child.

[nikita**]

His property is his - he never married her, they never lived under the same roof. Of course she cannot make a claim unless he is not paying Child Support. He and you have nothing to worry about. He has to make sure that both his children are OK and keep up the child support payments.

[Schlomo78]

Thanks to everyone for their help.I didn't know where he stood on this in the eyes of the law as she is very money orientated and would take anything she was entitled to. I wasn't sure if there was any kind of legal loophole wherein she could claim.

[nikita**]

Can I just say, everyone is money orientated are'nt they? He is protecting his finance and so are you. The other woman has his child and is concerned about its welfare and so should he and that would involve finance would'nt it? Unless he has taken extra money from her - in which she has a right to claim but find it difficult getting it back. Of course, you may feel that you hate her and feel she should not touch any part of your lives.If she is trying to claim, there may be 2 sides to the story.

The Child Support agencies have a terrible time trying to get fathers to pay for something they were very much a part of. That is was suppose to be the reason why they set up in the first place.

[Schlomo78]

Right, ok. Yes we are money orientated to the extent that we don't see why she should have any claim to monies from a house which he has paid solely for during the last 10 yrs and has nothing to do with her whatsoever. He has never taken any money from her in any capacity and has always paid her more maintenance than he would be required to do so by the CSA ( to the detriment of his own lifestyle), which she knows and she is still unhappy with, even though she owns her own house and works full time. It is not his job to subsidise her lifestyle, only to ensure that his childs welfare does not suffer and said child has everything needed, which it does. She is not trying to claim, we just wanted to know where we would stand if she did decide to try.

Whether I / we hate her or not has no bearing on anything, I have never lived with him properly in his house nor paid any monies into it and have my own house, so it has no bearing on me whatsoever - I will neither gain nor lose from it. I am not trying to shaft her from something she has a right to, but in this case it would appear she has no right to anything.

There are of course always two sides to any story, but as you don't know either of them I find it hard to understand why you seem to think we are doing her wrong in all this.

[plonker]

I am sorry, but 'to the detriment of his own lifestyle' sounds pathetic. Has he had to give up golf?Every father should make sacfrices for their children. That is part of being a parent. It does sound as if you are ready to jump on her IF she makes a claim. If all the your facts are right there is nothing to worry about. It sounds that you have already made your mind up to 'attack' any claims for the child - because that would be the reason she would want to make a claim. Otherwise, there is not other reason is there?

Two sides of the coin - what the other side is we dont know but it would make a difference to the outcome if it was valid.

That is what a solicitor would check.

[Schlomo78]

Yes, but as I have stated before, nobody except us knows the ins and outs of what we have been through with this woman, therefore I cannot see how anyone who doesn't know her or our troubles can make a judgement on how she acts and what her motives are.

When I say to the detriment of his own lifestyle I am not talking about ridiculous things such as giving up golf,I am talking about having trouble paying his mortgage and running his car, essentials. He has never resented giving her money for his child nor would he ever deny his child anything she is entitled to or needed. He would sacrifice anything he had for her. I posted this question to gage an idea of what his legal rights are, not to screw anyone out of anything nor to get into a discussion in which myself and partner are accused of treating his ex unfairly. If I wanted to get into it in that context I would have entitled my question 'Please have a go at us even though you have no idea what we have been through'.

[plonker]

Or would it be 'have a go at the other woman'?

How can anyone give you a straight forward answer? You can only give one side of the story and that does matter in the claim. I am not saying he did, but he could have booted her out when she became pregnant? If she was already living in her own house then why worry? She and baby had a roof over their heads. So all that is left is Maintenance. So how can she "nab half of it"? The stress and hassle goes with anyone with a new baby, that would include the ex. It just amazes me how a man can so quickly leave someone as soon as they have are pregnant- and then go on to have another. No wonder the poor man is stressed . Make sure you have a signed agreement with him if he doesnt want to get married to you to be on the safe side. Good Luck.